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CR.MA/6088/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6088 of 2011
=========================================================
BECHARBHAI
HIRABHAI PRAJAPATI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.
HARDIK K RAVAL for
Applicant(s) : 1 - 2.
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 11/05/2011
ORAL ORDER
Rule.
Learned APP, Mr Kodekar, waives service of notice of rule for and on
behalf of State.
2. This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Vadali Police Station, vide C.R.No.I-55 of 2010 for the offences
punishable under Sections 363, 366, 504, 506(2) read with 114 of IPC
and subsequently Section 376 came to be added.
3. Heard
learned advocate Mr Raval for the applicant-accused and Mr Kodekar,
learned APP for the State. At the request of the learned advocates
for the parties, reasoned order is not passed.
4. Considering
nature of the offence, the role ascribed to the accused-applicants
and other relevant aspects, I am persuaded to exercise my
discretion in favour of the applicant-accused taking into
consideration the following aspects :-
(1)
The accused-applicants are not the principal accused persons.
(2) Investigation
is over and chargesheet is filed;
(3) The
accused-applicants have no criminal antecedents;
(4)
It is not even the case of the prosecution that they have committed
offence under Section 376;
(5) Identically
situated other co-accused have been ordered to be released on regular
bail vide order dated 15.4.2011 passed in Criminal Misc. Application
No.4161 of 2011.
5. In
this view of the matter, the accused-applicants are ordered to be
released on bail
in connection C.R. No.I-55 of 2010 registered with Vadali Police
Station, on their executing a bond in the sum of Rs.15,000/- (Rupees
fifteen thousand only) each with one solvent surety each of the like
amount to the satisfaction of the lower Court and subject to the
conditions that they shall,
not
take undue advantage of their liberty or abuse their liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
their presence before Vadali Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the addresses of their residence at the time of execution of the
bond and shall not change the residence without prior permission of
this Court;
surrender
their passport, if any, to the Lower Court immediately.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
7. Bail
before the Lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
zgs/-
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